Federal tax decision celebrated by same-sex couples in Oklahoma

Source: Tulsa World, Okla.迷你倉價錢Aug. 30--Just thinking of checking "married" on his tax form had Tulsa certified public accountant Kelly Kirby forming tears of joy.The past president of Oklahomans for Equality on Thursday began reviewing his own past filings as well as those of his married same-sex clients.The Internal Revenue Service and U.S. Department of Treasury announced legally married same-sex couples will be treated the same as straight married couples for federal tax purposes, regardless of where they live.However, Oklahoma does not recognize same-sex marriage and requires status on federal tax forms be the same on state forms.Kirby married his spouse in 2008 in California, and this change means he will file a joint federal tax return for the first time."Personally, I'm thrilled," Kirby said. "I just feel recognized and less like a second-class citizen. This is something I wrestled with for years as I realized this is me. It seems a very clear and bright line on the federal government's decision."In addition to the tax revisions, the U.S. Department of Health and Human Services also announced changes in its access to Medicare-funded nursing homes.These are among the first guidelines released by the federal government since the U.S. Supreme Court struck down a section of the Defense of Marriage Act in June.The White House advised all executive departments to work with the U.S. Justice Department to revise its policies for compliance with the Supreme Court decision.It is unclear how the Oklahoma Tax Commission or lawmakers will respond."We are going to have to make a decision how we are going to proceed with it," Kirby said.Tax Commission spokeswoman Paula Ross said the agency received the information late Thursday afternoon."We've not yet had an opportunity to review it," Ross said. "We are completing a full review about the filing status and other questions this may pose. We want to make sure we get the correct information so people will know what to do when they file."Any changes in the state tax code would most likely need to be passed in the Legislature.Other states, including Massachusetts and New York, created procedures for married same-sex couples to file taxes in a way complying with the differing federal and state laws, Kirby said."Today's ruling provides certainty and clear, coherent tax filing guidance for all legally married same-sex couples nationwide. It provides access to benefits, responsibilities and protections under federal tax law that all Americans deserve," said Secretary Jacob J. Lew in a prepared statement."This ruling also assures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change."Toby Jenkins, executive director of Oklahomans for Equality, said the nonprofit applauds the federal government announcements."We consider this a positive迷你倉step and further fallout from the disappearance of DOMA," Jenkins said. "We're telling it goodbye and good riddance. Now what tax attorneys, CPAs and tax partners in Oklahoma need to do is decide if they will allow Oklahoma couples to file joint state income taxes."Jenkins said at least 800 same-sex couples in Oklahoma have been legally married out of state."When the Supreme Court handed down those decisions in June, it finally answered the age-old question of whether same-sex couples would be treated equally," Jenkins said. "It left 100 questions for couples living in states without same-sex marriages."It is why same-sex marriage should be legal across the land."The change includes equal treatment for all federal tax purposes, including income and gift and estate taxes.The ruling applies to all federal tax provisions where marriage is a factor, including filing status, claiming personal and dependency exemptions, taking the standard deduction, employee benefits, contributing to an IRA and claiming the earned income tax credit or child tax credit.This does not apply to registered domestic partnership, civil unions or similar formal relationships recognized under state law.Couples legally in same-sex marriages have the option to file original or amended returns, choosing to be treated as married for one or more prior tax years still open under the statute of limitations, which is generally up to three years.This means a refund claim can be filed for tax years 2010, 2011 and 2012.Kirby said this does not mean all married couples will get a refund."With my own return, we would have paid more in tax filings married than single," Kirby said. "The government is going to make more money on us."Kirby said he planned to file jointly on the back filings, even if he owes, on principle.The U.S. Department of Health and Human Services released a memo clarifying nursing-home access.Gay married couples are now eligible for equal access to nursing-home care through Medicare-funded private insurance, according to the memo.Current law entitles a person enrolled in a Medicare Advantage plan to receive care in certain nursing homes where their spouse resides."Today, Medicare is ensuring that all beneficiaries will have equal access to coverage in a nursing home where their spouse lives, regardless of their sexual orientation," stated Marilyn Tavenner, administrator for the Centers for Medicare and Medicaid Services, in a news release.Like the tax ruling, the memo specifically states coverage applies equally to same-sex married couples, regardless of address.The guideline means that gay couples married out of state but living in Oklahoma are eligible for the benefit.Ginnie Graham 918-581-8376ginnie.graham@tulsaworld.comCopyright: ___ (c)2013 Tulsa World (Tulsa, Okla.) 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